It’s Taylor Swift time!

Someone just sent me Taylor Swift’s contract for her currant tour. The contract starts out with the “usual” You can only shoot the second and third song, and you can only license images to one publication. Then it gets weird (nothing new here though!!) Here are some of the details:

5. If any provision hereof is breached, all rights granted herein shall be immediately and automatically rescinded, and the undersigned acknowledges that any use of the Photographs other than as specifically permitted hereunder shall cause irreparable harm, injury, damage and expense, and FEI shall be entitled to equitable relief in addition to any other right or remedy FEI and/or the person(s) appearing in the Photographs (“Subjects”) may have in the event  of a breach.

The question I always ask is: Can someone define why a photograph in a magazine would cause irreparable harm, injury, damage and expense. Unless someone got a naked picture of Ms. Swift (and I am pretty sure she wears underwear on stage, unlike rock stars of the past like Grace Slick and Tori Amos) I think it would be really difficult to stand in front of a judge and try to explain why a picture of Taylor Swift singing into a microphone would cause irreparable harm, injury, damage and expense.

Question #2 It further states that her company (FEI) shall be entitled to equitable relief in addition to any other right or remedy FEI and/or the person(s) appearing in the Photographs (“Subjects”) may have in the event  of a breach. How is that determined? Does the photographer owe her $5.00? Or $100,000.00? Who determines what that relief should be? Also, I always understood, with a limited knowledge of the law, that one cannot ask for “relief” unless the amount of relief is stated in the contract before it is signed.

6. Should the undersigned fail to fully comply with this Authorization, Artist’s or FEI’s representatives shall be permitted to confiscate and/or destroy his/her film and eject him/her from the venue, in addition to any other remedy of FEI, Artist and/or any of the Subjects. The undersigned and the Publication jointly and severally shall indemnify and hold FEI, and the Subjects harmless from and against any and all claims, losses, injury, damage, and expenses incurred by any or all of them arising out of this Authorization and/or the undersigned’s attendance at the concert/venue. The undersigned and the Publication hereby release FEI, Artist and Subjects, and their affiliates and representatives from and against any and all liability arising out of this authorization and/or the undersigned’s attendance at the concert/venue.

Question: Does any other remedy mean that they can beat you up after taking your film? Just asking!!

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